On 4/10/07, Guy Chapman aka JzG <guy.chapman(a)spamcop.net> wrote:
On Mon, 9 Apr 2007 09:50:46 -0400, Anthony
<wikilegal(a)inbox.org>
wrote:
You can't discuss a fictional work without
reproducing at least a
little bit of it.
Fair Use. For example (as I am getting a bit sick of pointing out),
examples from each section. But not the whole list, any more than we
reproduce the whole list of the film institute's hundred best films.
And who is supposed to determine whether or not a use is fair use,
you? There is absolutely no principle in law that reproducing an
entire list cannot be fair use. In fact, case law shows exactly the
opposite, that reproduction of an entire work *can* be fair use. I
(and many others here) are saying that the text in question as used in
[[The Cool Wall]] *was* fair use.
And how do you define "the list"? If you're going to say that the
list of cars which are on the cool wall is the copyrighted work, then
surely you can point us to when and how that list was first published.
But this list was never published as a list. Rather, a wall with a
bunch of photographs was published as part of a tv show, and the
article in question was giving a textual description of that wall.
Anthony